Choice of Law

Question 1

Courts allow contractual choice of law if:

Answer 1

(1) valid agreement + effective COL clause
(2) applicable to lawsuit
(3) related to lawsuit
(4) not public policy violation

Question 2

domicile of infant

Answer 2

if married parents, father’d domicile.

if divorced, custodial parent’s domicile.

if one dead, living parent’d domicile.

if both dead, last valid domicile.

if emancipated, chooses own domicile.

Question 3

“Most significant relationship approach”

Answer 3

AKA “center of gravity” or “grouping of contacts.”

(1) isolate issues
(2) determine relevant states’ policy objectives for those issues
(3) determine states’ relative interests

Question 4

Competing interests approach

Answer 4

Presume forum state law applies, UNLESS parties give reasons for other states’ interests.

if forum is disinterested, and forum non coveniens applies, then dismiss.

Question 5

COL standard for torts

Answer 5

(1) significant contacts in each jurisdiction: domicile + location of conduct
(2) whether purpose of law is to regulate conduct or allocate loss.
- regulated conduct = law of state where conduct occurred.
- allocate loss = domicile

Question 6

Neumeier Rules

Answer 6

(1) if loss allocating law, and parties have same domicile, apply law of domicile.
(2) if different domiciles, apply law of state where conduct occurred.
(3) if applying rule (2) would defeat the purpose of the law, then another law will apply.

Question 7

Contractual choice of law governs UNLESS

Answer 7

(1) contrary to public policy, but ONLY if foreign law is truly obnoxious;
(2) no reasonable basis;
(3) no true consent.

Question 8

NY General Obligations law

Answer 8

If K larger than $250,000, can choose NY law even w/o relationship, EXCEPT if for labor or personal services, household services, or violation of UCC.

for K larger than $1 million, can submit to NY jurisdiction.

Question 9

COL standard for contracts

Answer 9

use “grouping of contacts’ approach

relevant contacts: place of contracting, place of negotiation, place of performance, place of subject matter, parties’ domiciles etc.

state interests:
if action for performance = place of performance.
if action over validity = place of contracting.

for auto insurance K, law of state where policy was issued governs.

Question 10

COL standard for property

Answer 10

real property = physical location.

tangible personal property = physical location.

intangible personal property = place of transfer.

security interests = state where debtor is located

corporate securities = issuer’s state of incorporation

Question 11

COL standard for inheritance

Answer 11

intestate succession = law of location of estate.

transfer by will or will validity = physical location of real property.

Personal property by intestate = decedent’s domicile.

personal property by will = decedent’s domicile, EXCEPT for interpretation/intrinisic validity questions apply law of domicile at time of execution.

revocation of will = domicile at time subsequent will was created of revocative act occurred.

determination of intestacy = domicile in respect to personal property, situs in respect to real property.

Note: testator can opt to apply NY law to intrinsic validity, effect, interpretation, and revocation or alteration.

Question 12

COL standards for family law

Answer 12

annulment = state where ceremony took place.

violation of prohibitory rule = party domicile if returned immediately following marriage.

divorce = plaintiff’s domicile.

marital property = situs for real property, domicile for personal property.

enforceability of prenup = most significant relationship

legitimacy = domicile of parent whose relationship is in question.

legitimation = domicile at recognition

Question 13

COL standards for worker’s comp

Answer 13

state with “legitimate interest”:

(1) employment relationship
(2) place of accident
(3) place of employment
(4) residence of employee’s dependants

Question 14

COL standards for insurance

Answer 14

location of insured risk;
place of business;
where issued;
location of broker;
where premiums paid.

Question 15

procedural vs. substantive law

Answer 15

questions of admissibility = procedural.

privilege = substantive.

parol evidence = substantive.

burden of proof = procedural, UNLESS intended to affect substantive rights.

irrebuttable presumption = substantive.

rebuttable presumption = procedural, UNLESS intended to affect party rights.

statute of limitations = procedural, EXCEPT for adverse possession. NY “borrowing statute” applies only to claims accrued outside NY.

statute of repose = substantive.

statute of frauds = substantive, use law of place of contracting.

survival of actions = substantive.

damages = substantive.

Question 16

federal courts

Answer 16

use state substantive law, federal procedural law.

BUT federal statute procedure supercedes state law.

Analysis:

(1) do fed and state law conflict?
(2) does valid fed statute or FRCP cover the issue? if no, would applying federal common law lead to different outcomes if state and fed court? if not, apply fed common law.

substantive = elements of a claim or defnese, statute ot limitaitons, burden of proof

procedural = judge-jury allocation, attorney’s fees.

Question 17

COL in diversity acts

Answer 17

apply law of state where fed court sits.

if transferred, apply transferor forum law.

Question 18

Full Faith and Credit requirements

Answer 18

(1) brought in proper jurisdiction
(2) finalized with no appeals outstanding
(3) “on the merits”

Penal judgments need NOT be enforced.

Equitable defenses need NOT be enforced.

If two inconsistent judgments, recognize last judgment.

Question 19

collateral estoppel requirements

Answer 19

(1) substantive issue already litigated
(2) issue was necessarily decided
(3) full and fair opportunity to litigate

Question 20

Uniform Foreign Money Judgment Recognition Act

Answer 20

does NOT include taxes, alimony or child support, or penal judgments.

Question 21

Divorce decrees

Answer 21

Bilateral divorce = full faith and credit.

Ex parte divorce = no full faith and credit for property rights, alimony, and child custody.

Question 22

Uniform Child Custody Jurisdiction and Enforcement Act

Answer 22

must give full credit to custody determinations of child’s home state.